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(영문) 서울북부지방법원 2015.10.15 2014가단118984 (1)

대여금

Text

1. Defendant A and B jointly and severally agreed with the Plaintiff KRW 34,957,512 and the interest rate thereon from February 21, 2014 to the date of full payment.

Reasons

1. The following facts do not conflict between the Plaintiff and the Defendant, and the Plaintiff and the Defendant may be acknowledged in full view of each of the statements and the entire purport of the arguments as set forth in subparagraphs 1 through 4 (including all the serial numbers). A.

On May 22, 2013, Defendant A purchased a high-speed truck with 90,00,000 won out of the purchase price, and entered into an agreement with the Plaintiff to obtain a loan on a yearly rate of 14.9%, the loan period of 48 months, the repayment method from July 8, 2013 to the eightth day of each month. The compensation rate for delay was set at 26.9% per annum and the total amount of 108,367,736 won is set at 26.9% per annum to receive a loan.

B. On the same day, C and Defendant B jointly and severally guaranteed Defendant A’s above loan obligations against the Plaintiff.

C. Meanwhile, from February 20, 2014, Defendant A did not pay the above loans from February 20, 2014, and as of February 20, 2014, the loan principal remains in KRW 34,957,512.

2. Determination

A. According to the facts of the determination as to the cause of the claim, Defendant A is the principal debtor of the above loan obligation, and Defendant B is jointly and severally liable to pay to the Plaintiff the amount of KRW 34,957,512 as a joint and several surety of the above loan obligation, and the damages for delay calculated at the rate of 26.9% per annum, which is the agreed damages for delay, from February 21, 2014 to the date of full payment.

B. Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition by the assent of all.